Fender v. Stiles
Illinois Supreme Court
Appeal from the Circuit Court of Lee county. Tbis was an action of debt instituted in the court below by Elias B. Stiles, against Hiram Bender, Harvey Wilson and John Deeds, upon a bond executed to the plaintiif by the defendants, in the penalty of one thousand dollars, containing the following condition: “ The condition of the above obligation is such, that whereas the said Hiram Fender, and one Edward Atkins, have, on the day of the date hereof, placed in the hands of said…
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Appeal from the Circuit Court of Lee county. Tbis was an action of debt instituted in the court below by Elias B. Stiles, against Hiram Bender, Harvey Wilson and John Deeds, upon a bond executed to the plaintiif by the defendants, in the penalty of one thousand dollars, containing the following condition: “ The condition of the above obligation is such, that whereas the said Hiram Fender, and one Edward Atkins, have, on the day of the date hereof, placed in the hands of said Stiles the sum of $436 each, the whole amount of which was to he delivered by the said Stiles to the said Fender, in…
1Opinion of the CourtChief Justice OatoN
The only question in this case, of the least importance, is as to the sufficiency of‘the declaration. That must show, either that the obligors had notice of the action against the obligee, and an opportunity to defend it, or else, that Atkins really had a good cause of action on which he recovered, or might have recovered, against the obligee. Such we regard the rights of the obligors in a bond of indemnity. There is no averment that the obligors had any opportunity of defending any action or proceeding .against the obligee; but the bond shows upon its face, that Atkins had a cause of action…
2Cited by4 opinions
- Brown v. GersonAppellate Court of Illinois · 1913
- Industrial National Bank v. ShalinAppellate Court of Illinois · 1947
- Green v. ShawAppellate Court of Illinois · 1896
- Raphael v. HartmanAppellate Court of Illinois · 1900